McGhee v. Birmingham News Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Richard V. Evins, Judge. Action by Mrs'. Emma Mae McGhee, as administratrix, against the Birmingham News Company for damages for the death of her intestate, her husband. Judgment for the defendant, and the plaintiff appeals. Plaintiff’s intestate was run over by a motor truck operated by the defendant in its business and suffered injuries which caused his death. The complaint was laid in four counts.
Read the full summary
Appeal from Circuit Court, Jefferson County; Richard V. Evins, Judge. Action by Mrs'. Emma Mae McGhee, as administratrix, against the Birmingham News Company for damages for the death of her intestate, her husband. Judgment for the defendant, and the plaintiff appeals. Plaintiff’s intestate was run over by a motor truck operated by the defendant in its business and suffered injuries which caused his death. The complaint was laid in four counts. The first count charges simple negligence, in that defendant was operating its truck on a public highway of Ensley and negligently caused or allowed…
1Opinion of the CourtSomerville, J.
[1] In order to recover in this action it is of course necessary for the plaintiff to show that her intestate’s injury was the proximate result of a breach of duty owed to him by defendant through its servant Cornelius, who was driving defendant’s truck at the time the intestate fell or was thrown therefrom.
The evidence shows without dispute, as is conceded by counsel for plaintiff, that the intestate was riding on this truck without the knowledge or consent- of defendant, or of the driver, Cornelius, and was therefore, in legal contemplation, a trespasser, pure and simple.
[2] It is well…
2Cases cited4 opinions
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- McCauley v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Hoberg v. Collins, Lavery & Co.Supreme Court of New Jersey · 1910
- Birmingham Railway Light & Power Co. v. SawyerSupreme Court of Alabama · 1908
3Cited by10 opinions
- Vick v. CochranMississippi Supreme Court · 1975
- McVicar v. WR Arthur & CompanySupreme Court of Missouri · 1958
- Perry Supply Co. v. BrownSupreme Court of Alabama · 1930
- Birmingham Ice & Cold Storage Co. v. AlleySupreme Court of Alabama · 1945
- Jewel Tea Co. v. SklivisSupreme Court of Alabama · 1936
5 more not listed; retrieve them via the Exa API.